VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01021 Package ID: USCOURTS-cofc-1_18-vv-01021 Petitioner: Sherri Christy Filed: 2019-11-21 Decided: 2020-01-03 Vaccine: Tdap Vaccination date: 2017-09-13 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55380 AI-assisted case summary: Sherri Christy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received a Tdap vaccination on September 13, 2017, and subsequently developed a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Christy's claim met the Table criteria for SIRVA and that she satisfied the statutory severity requirement, as the residual effects of her injury persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Christy entitled to compensation. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $55,380.00, which included $380.00 for past unreimbursed expenses, as compensation for all damages available under the Vaccine Act. The clerk was directed to enter judgment in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01021-0 Date issued/filed: 2019-12-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2019) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01021-UNJ Document 36 Filed 12/30/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1021V UNPUBLISHED SHERRI CHRISTY, Chief Special Master Corcoran Petitioner, Filed: November 21, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Summer Pope Abel, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 16, 2018, Sherri Christy filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on September 13, 2017, and thereafter suffered from a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01021-UNJ Document 36 Filed 12/30/19 Page 2 of 2 On November 19, 2019, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that “petitioner’s claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees that “petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01021-1 Date issued/filed: 2020-01-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/21/2019) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01021-UNJ Document 38 Filed 01/03/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1021V UNPUBLISHED SHERRI CHRISTY, Chief Special Master Corcoran Petitioner, Filed: November 21, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Summer Pope Abel, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On July 16, 2018, Sherri Christy filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on September 13, 2017, and thereafter suffered from a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 21, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 19, 2019, Respondent filed a combined Rule 4 report/Proffer on Award of Compensation (“Rule 4/Proffer”) indicating 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01021-UNJ Document 38 Filed 01/03/20 Page 2 of 2 Petitioner should be awarded $55,380.00 (including $380.00 for past unreimbursed expenses). Rule 4/Proffer at 3. In the Rule 4/Proffer, respondent represented that Petitioner agrees with the proffered award. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $55,380.00 (including $380.00 for past unreimbursed expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under § 15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2